Before 2002, children (those under the age of 21) applying for a green card needed to complete the application process before turning 21, or they would “age out.” Often, this would happen through no fault of their own, but rather due to administrative delays by United States immigration processing.
The Child Status Protection Act (CSPA) was passed in 2002, recognizing that “children” who turned 21 during the processing of their visa applications were being denied. Through the passing of the CSPA, children who turn 21 during the processing of their visa application have legal options to maintain their child status.
At the Hanlon Law Group, PC, in Los Angeles, California, we can determine if the CSPA applies in your case, and if so, help you take legal action to maintain your child status.
What is the Child Status Protection Act?
A basic explanation of the CSPA is as follows:
- If a petition is filed for an individual under the age of 21, their age is locked at the age when the application is submitted.
- If an individual is waiting on a preference for a visa and they turn 21, the length of processing is subtracted.
- If an individual aged out during the visa application process and they subsequently have to apply for a different type of visa, their original starting date is transferred to the appropriate category.
- For individuals from certain countries, if their status or age changes, their petition will convert to a different category. It is possible to opt out of the automatic conversion.
Contact a Los Angeles Immigration Lawyer Today!
Contact Los Angeles Child Status Protection Act lawyers to learn about your options to continue the visa application process. We offer a free initial consultation to discuss your immigration law concerns.